LADD v. FORD CONSUMER FINANCE COMPANY, INC., 458 Mich. 876 (1998)

586 N.W.2d 404

LADD v. FORD CONSUMER FINANCE COMPANY,

No. 107429, 15/April 1998.Supreme Court of Michigan.
July 31, 1998

Summary Disposition July 31, 1998:

The cause having been briefed and orally argued, the judgment of the Court of Appeals is reversed, and the case is remanded to the Genesee Circuit Court. On remand, the circuit court is to grant summary disposition to the plaintiffs and order the defendant, Ford Consumer Finance Company, to deliver the certificate of origin to the plaintiff, David D. Ladd. Leave to appeal was granted December 3, 1997, 456 Mich. 899.

1985 AACS, R 125.1232(2) provides:

For the purpose of complying with subrule (1) of this rule, the certificate of origin shall be immediately surrendered by the lender holding such certificate to the dealer upon request.

Plaintiff Ladd, having fulfilled his obligations under the purchase agreement with the dealer, was entitled to have the dealer obtain the certificate of origin and deliver it to him so that he could apply for and obtain a title. Defendant could not have refused a request by the dealer because 1985 AACS, R 125.1232(2) mandates surrender of the certificate of origin irrespective of any contractual defenses that a lender may have against a dealer. In these circumstances, Ladd may make the request himself, and the defendant must comply with that request.

Reported below: 217 Mich. App. 119.

KELLY, J.

While I concur in the content and result of the order, I would not dispose of this case by peremptory order but instead would decide by written opinion the issues raised and briefed by the parties.